HomeMy WebLinkAbout2671 Amending Street Vacation ProcedureOrdinance No. a(07/
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER
12.20, STREET VACATION PROCEDURE, OF THE PORT TOWNSEND
MUNICIPAL CODE, TO CLARIFY THE CRITERIA FOR APPROVAL OF STREET
VACATION APPLICATIONS; TO ENSURE THAT STREET VACATIONS COMPLY
WITH ADOPTED CITY COMPREHENSIVE AND FUNCTIONAL PLANS AND
ENVIRONMENTAL CONTROLS; AND TO ENABLE PROPERTY OWNERS TO
CONVEY PROPERTY TO THE CITY IN LIEU OF PAYING APPRAISED VALUE
FOR VACATED RIGHTS-OF-WAY
SECTION 1. FINDINGS
1. At the regularly scheduled August 4, 1997 City Council meeting, the Council
adopted Resolution 97-092, suspending review and consideration of street vacation applications
until adoption of the Port Townsend Non -Motorized Plan, and imposing a moratorium upon
acceptance and consideration of street vacation applications. The effective date of Resolution
97-092 was extended by Resolutions 98-003 and 98-079, to enable the City to preserve all
options for the public use of public rights-of-way until completion and adoption of the Non -
Motorized Plan and code and policy revisions needed to implement policy direction concerning
public rights-of-way.
2. The Non -Motorized Plan was adopted on May 18, 1998, by Ordinance No.
2643. The Non -Motorized Plan was adopted as a functional plan to implement policy
direction for the 1996 Comprehensive Plan. Pursuant to the Non -Motorized Plan, without
limitation, this Ordinance implements the following policies set forth in the 1996
Comprehensive Plan:
• Unimproved Street Rights-of-way - On pages VI -5 through VI -6, the 1996
Comprehensive Plan recommends that not all platted streets be fully developed to full
streets. The Plan requires that the transportation network provide for vehicular and
pedestrian travel, while ensuring access to all platted lots. The Plan further requires
that decisions to leave streets in an unimproved condition be consistent with the Plan's
Land Use Element and other Plan requirements. - The Plan provides: "Specific street
rights-of-way which could be left unopened for a variety of public uses should be
identified in the Non -Motorized Plan. Links between unimproved rights-of-way and
proposed roadways, drainage corridors, trails and open spaces and ESAs should be
identified in the Non -Motorized Plan and coordinated with the Open Space and Trails
Plan recommended within the Land Use Element of this Plan."
• Rights -of -Way Management -- The Plan contains the following specific goals and
policies concerning the management and vacation of public rights-of-way:
Goal 9: To preserve long-term options for the future public use of public rights-of-way.
Policy 9.1: Encourage the use of existing, under used, or undeveloped street rights-of-way to
provide non -motorized public access.
Policy 9.2: Set aside specific unopened rights-of-way for greenways, regional stormwater
drainage facilities, and pedestrian access on trails.
Policy 9.3: Take advantage of integrated corridors such as transmission lines, unopened street
rights-of-way, and other public lands for trail or bicycle path connections.
Policy 9.4: Use the following criteria to consider if public rights -0f --way should be vacated or
left unimproved:
a. Street continuity and property access;
b. Future utility needs, including stormwater facilities, and capital facilities plans;
C. Consistency with Land Use and Transportation Elements, as well as the overall
Comprehensive Plan; and
d. Preservation of open space and environmentally sensitive areas.
Policy 9.5: Prohibit the vacation of street -ends that abut shoreline areas or marine bluffs.
Preserve these areas for public access and public viewpoints.
Policy 9.6: Earmark street vacation monies to a reserved transportation improvement account
for the purchase of rights-of-way or transportation facility easements.
Policy 9.7: Discourage street vacations until the Comprehensive Non -Motorized Plan is
adopted, in order not to forgo future public use opportunities.
Policy 9.8: Seek. to eliminate the use of chemical pesticides and herbicides on City -owned
land and rights-of-way.
3. In implementing the Comprehensive Plan, the City Council adopted the
Engineering Design Standards (EDS) Manual. The EDS Manual, Transportation chapter,
pages 6-5 through 6-6, contains policies and design standard requirements to regulate the
opening and use of street rights-of-way. Concerning street vacations, Paragraph 5.h. provides
the following standards:
h. Street Vacations. Street vacations are discouraged.
L Street vacations will be considered
(1) When the public benefits identified above can still be met or when they
are not considered to be applicable to the right -of --way in question in the future.
(2) When included as part of a reorientation or replatting of lots and rights-
of-way that provides equivalent public benefits for these alternative uses.
ii. If a street vacation is approved, the City will generally require that a minimum of
a 20 -foot easement be preserved for utility and non -motorized uses.
4. Port Townsend has a unique history marked by the platting of properties for
speculative purposes during the late 1800s -- properties which have largely remained
undeveloped, but are likely to be developed in the coming years. The historic platting
occurred in a grid pattern, without regard to the topography and environmental constraints of
the area, and with little consideration for the overall, long-term circulation and utility needs of
the City. This history of platting creates both urban design opportunities to preserve the
traditional grid pattern of the City, as well as problems in meeting modern environmental and
land use requirements and recently adopted urban planning and design goals and policies.
Consequently, the City Council finds that street vacation applications should be carefully
considered, with the goal of preserving all options for the long-range needs of the City for a
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variety of right-of-way uses. The City Council finds that, as a matter of policy, unless the
City has great confidence that platted rights-of-way will not be needed for a range of potential
uses, and unless adequate conditions can be imposed to address these long-range needs, street
and right-of-way vacation applications should be denied.
5. In adopting the Non -Motorized Plan, the City intends to preserve and enhance
the City's non -motorized transportation network and amenities, thereby strengthening the
"walkable" character of Port Townsend and encouraging residents and visitors to reduce
reliance upon automobile transportation. The Non -Motorized Plan recommends the
development of pedestrian trails, sidewalks and bicycle paths as a central component of the
overall transportation network. The Plan emphasizes the need to preserve designated opened
and unopened rights-of-way for this purpose, and therefore discourages vacation of designated
rights-of-way.
6. The City has a long-range need to manage and control stormwater (including
detention, retention and conveyance) and provide adequate locations for water and wastewater
conveyance systems. The City has developed, or is in the process of developing, "functional"
plans for the City's water, wastewater and stormwater systems, for the purpose of long-range
capital planning and analysis. The City's platted rights-of-way are essential to meet the public
health and safety needs for these services, as identified in these functional plans, and should
only be vacated if the City has the long-range assurance that all opportunities to accommodate
water, wastewater and stormwater needs are provided.
7. While rights-of-way are an important public amenity and serve a variety of
public health and safety purposes, as a consequence of the speculative historic platting of Port
Townsend in the 19th Century, the location of some rights-of-way for motor vehicle access
and utility installation can be detrimental to service delivery, stormwater management and
control, and the protection of environmentally sensitive areas. Consequently, in some cases
the vacation of rights-of-way in exchange for the conveyance of other property to the City
often better serves public health and safety and public service delivery needs and avoids
environmental degradation, including the development of streets in environmentally sensitive
areas. The City Council intends through this Ordinance to encourage the vacation of rights-of-
way where the vacation serves the public, as identified in adopted City Plans and
environmental controls. This Ordinance accomplishes this goal by recognizing that the City
obtains substantial public benefits through the implementation of City plans and policies and
the preservation of environmentally sensitive areas. This Ordinance recognizes these public
benefits by facilitating the street vacation process when street vacations implement City plans,
policies and environmental controls, and encouraging dedication to the City of property which
can better serve public needs, in exchange for street vacations.
8. At the regularly scheduled December 7, 1998 City Council meeting, and after
due public notification, the City Council held a public hearing to consider testimony from
citizens regarding this Ordinance. Based upon the above Findings, the goals and policies of
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the City's 1996 Comprehensive Plan, the Non -Motorized Plan, and the public comments and
testimony, the City Council finds that adoption of this Ordinance is necessary and appropriate
for public health and safety needs and to implement adopted policy direction, and is in the best
interests of the community,
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
SECTION 2. Chapter 12.20, Street Vacation Procedure, Section 12.20.010, Purpose,
of the Port Townsend Municipal Code is hereby amended to read as follows:
12.20.010 Purpose.
The purpose of this chapter is to provide uniform review criteria for the vacation of streets
within the incorporated limits of the city, and to comply with the provisions set forth in
Chapter 35.79 RCW. It is the intent of this chapter that all applicants for street or right-of-
way
vacations shall have the affirmative burden to prove to the cry council that the groomnosed
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vacaon is consistent with all criteria listed in this ch titer for appiication review. Unless an
applicant satisfies all criteria for approval of a street or right-of-way vacation, public 'ghts-of-
w�y of the City of Port Townsend shall be preserved for public use. (Ord. § 2, 1998;
Ord. 2578 § 6, 1997; Ord. 1802 § 1, 1978).
SECTION 3. Section 12.20.030, Scope, is hereby amended to read as follows:
12.20.030 Scope.
This chapter shall apply to all petitions or requests for the vacation or abandonment of platted,
deeded, dedicated, granted or otherwise conveyed public rights-of-way, including streets and
alleys within the incorporated limits of the city. (Ord. § 3, 1998; Ord. 2578 § 6, 1997;
Ord. 1802 § 3, 1978).
SECTION 4. Section 12.20.040, Administration, is hereby amended to read as
follows:
A. eity-ClerkProcedural Requirements. The BCD or public works director or ltisiher
designee shall review all applications for street vacations to ensure that the application is filled
out properly and completely, and shall not accept application and/or application fees for
deficient applications. The city clerk ox lis ot hei designee BCD director shall be responsible for
the procedural requirements set forth in Chapter 35.79 RCW, including the setting of public
hearings, posting of notices, publishing of legal notices and similar matters.
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B. The publicworkBM director or-hisiher design shall coordinate the routing of
the street vacation application to ensure that all pertinent offices have submitted
recommendations. flie public wmin director shaft review applications to determine whe
die proposed vamted shwt wiff complement die overaff area traffic cizentation.
C. The public works director shall review applications to determine whether the
proposed vacation will implement or im=de the overall area traffic circulation and be
consistent with the orderly expansion and maintenance of the city street trap,=rtation system,
the city sewer wastewater systems, and the city water system and the city stormwater drainage
system.
D. City Police Department. The police department shall review applications to determine
whether the proposed vacation will hinder the efficient delivery of police protection for the area in
which the street is to be vacated.
E. City Fire Department. The fire department shall review applications to determine
whether the proposed vacation will hinder the efficient delivery of fire protection for the area in
which the street is to be vacated.
F. Emergency Medical Services. Purveyors of emergency medical service shall review
applications to determine whether the proposed vacation will hinder the efficient delivery of
emergency services to the area in which the street is to be vacated.
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f $, City Planning and Building and Community Development Department. The
city p1mining and buitding BGI2 department shall review applications for conformance with the
goals and policies contained in the city comprehensive plan and other adopted city plans and
the review criteria contained in this chapter. (Ord. § 4, 1998; Ord. 2578 § 6, 1997;
Ord. 2256 § 1, 1991; Ord. 1992 § 1, 1984; Ord. 1802 § 4, 1978).
SECTION 5. Section 12.20.060, Review criteria, is hereby amended to read as
follows:
12.20 .060 I Review
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A. That the proposed vacation of a streetjght-of way or alley is in compliance with
the city's engin �ri g,design standards manual and the goals and policies of the city
comprehensive plan and other adopted city plans as shown on the list main wined bythhe
building and community develoment developmentdoartment, including but not limited to the following
"functional_" or "subarea"plan_s, as now adopted and hereafter adopted, revised or amended:
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B. That the proposed vacated street,. right-of-way or alley is not required for current or
anticipated overall area motor vehicle circulation; and
C. That the current and anticWated future effectiveness of fire, law enforcement,
medical or other emergency services will not be unduly impaired by the vacation of the street..
right -of way_ or alley; and
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DE. That the proposed vacated streetlight -oma or alley is not required as a current
or anticipated utility corridor (suitable water, sewer, storm sewer and other easements may be
required to satisfy this criterion. The dimensions of the easement shall conform wi the city's
adopted eng1 ring design standards); and
EE. That the proposed vacated street. right -of waT or alley is not required as a current
or anticipated bicycle, pedestrian or equestrian path=, trail or sidewalk corridor (suitable
trail easements may be required to satisfy this criterion. The dimensions of the easement shall
conform with the city's adopted engineering design standards); and
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FH. That, in the case of the proposed vacation of any portion of a street or alley which
abuts a body of fresh or salt water, the proposed vacation meets the criteria and has been
reviewed and approved in accordance with RCW 35.79.035, as now or hereafter amended.
(Ord. § 5, 1998; Ord. 2578 § 6, 1997; Ord. 2256 § 3, 1991).
SECTION 6. Section 12.20.090, Compensation for vacation, is hereby amended to
read as follows:
12.20.090 Compensation for vacation.
$, All ordinances vacating any street rjghkof--wad or alley, or any part thereof,
shall provide that the same shall not become effective until the owners of property abutting
upon the street, 4ht-of-wav or alley, or part thereof so vacated, pay to the city one-half of the
appraised value of the area so vacated, or the full appraisal value if the city acquired the
right-of-way other than by dedication w=pt where such payment is made priot to introductitm
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other public health, safrAy and welfam b=efits tQ the ciW (Ord. § 6, 1998; Ord. 2578
SECTION. -i"7. Section 12.20.100, Appraisals, is hereby amended as follows:
-7- Ord. No. a67 I
12.20.100 Appraisals.
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or e.• • v• 1 1 • '.1 for 1 • 1 the city council -m -a
nnit 614"Aemf. AU. applicmts shall be mquired to pay the full cost of an ind=ndent,
Qualified ap9nigal prior t• the city council1. 1 1 1' iordinance f• rll 1` the s• ::
or right-of-way.
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qualified Mblic works dcpartment =sonnel. (Ord. § 7, 1998; Ord. 2578 6, 1997;
Ord. 1992 . 3, 1984).
SECTION 8. Section 12.20.110, Payment of compensation, is hereby amended as
follows:
12.20.110 Payment of compensation.
Upon securing an appraisal of the value of the .street, right -of = or alley area to be vacated
as provided in this chapter, the pubfic work building and community development (BCD)
director shall notify the petitioner that payment of one-hatf such appraised value, deducting
therefrom any appraisal fee coverage not previously refunded to petitioner, may be made to the
public wo flllan=director who shaft, upon receipt of any such payment,
die same to the city treasurez for deposit in the general approph a fund or funds., as directed
by the city council, The finance director shall make a written report of such payment to the
city council BCD director. (Ord. § 8, 1998; Ord. 2578 § 6, 1997; Ord. 1992 § 3,
1984).
SECTION 9. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of
the provision to other persons or circumstances is not affected.
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This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Read for the first, second, and third times and adopted by the City Council of the City
of Port Townsend, Washington, at a regular meeting thereof, held this '' day of
10. per,, , 1998.
Attest:
Pam Kolacy, City Clerk
10/29/98 FMC 12.201 thn\Ord{Ch12-20.doc}
Juli,oAccullocfi, Mayor
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